Protective Environmental Actions in Administrative Law

Protective Environmental Actions in Administration

Under administrative law, protective (tuitiva) actions represent the measures that public administrations can implement to safeguard the environment. These actions are categorized into several key areas to ensure compliance and ecological preservation.

Precautionary and Protective Measures

The administration can adopt precautionary measures if it transpires that an activity could negatively affect the environment. These measures include:

• Temporary suspension of activities
• Closure of facilities or enclosures
• Suspension of licenses

Likewise, the administration acts on its own within its administrative powers and may engage the ordinary courts of justice regarding the relevant complaints. Additionally, the denial of a license or authorization—either to apply the precautionary principle or simply due to a direct breach of relevant requirements—also constitutes a protective action.

Protective Aid and Subsidies

Regarding protective aid actions, the most important instrument is the economic subsidy (both direct and indirect, such as tax incentives) so that polluting industries can better and more quickly adapt to environmental legislation. Another form of administrative action that facilitates this protective environmental activity is the establishment of administrative bodies to provide technical advice to industries, helping them comply with legal standards. Additionally, providing the possibility of temporary derogations from the Integrated Environmental Authorization (AAI) to the facility owner under certain conditions serves as another supportive measure.

Protective Defense and Enforcement

Regarding protective defense actions, the most critical aspect is the exercise of disciplinary powers alongside inspections targeting those who wholly or partially ignore environmental laws. This includes actions such as:

• Waste control
• Emission control

Environmental Construction, Guardianship, and Custody

Many administrative actions occur in this area. For example, typical constructive actions include:

• The creation of protected environmental areas
• The prohibition of certain items in daily commerce (such as plastic bags and mercury thermometers)
• Overall energy-saving measures

Regarding guardianship and custody, this refers to the elements necessary to protect environmental policies. This may include the creation of an environmental or forest police force, or a scientific body (comprising biologists, geologists, and engineers) whose mission is to safeguard these natural assets.